New York judge might release Eric Garner grand jury transcripts

Protesters display a banner and placards during a demonstration outside the courthouse in New York's borough of Staten Island on January 5, 2015.(AFP Photo / Jewel Samad) / AFP

A New York judge said he will hear arguments later this month over whether records should be released from the grand jury proceedings that declined to charge the officer involved in the death of Staten Island man Eric Garner.

At a hearing on Monday, Judge William Garnett said he will hear
oral arguments from both sides on January 29 at the Richmond
County Supreme Court in Staten Island. Several groups filed
petitions for the release of the transcripts after the grand jury
decided not to indict the police officer who placed Garner in a
chokehold that led to his death, despite video evidence capturing
the incident.

The video of the July 17 confrontation got national attention for
the NYPD’s disregard of Garner when he exclaimed “I can’t
breathe” eleven times shortly before his death. The jury’s
failure to indict Officer Daniel Pantaleo on December 3, who was
seen applying the chokehold on the video, led to a steady
campaign of protests and widespread outrage over police
brutality.

Among the groups filing for the release of the transcripts are
the New York Civil Liberties Union, New York Public Advocate, New
York Post and the Legal Aid Society.

"Seeing the videotapes, all of us know what's at stake. All
of us want to know more and are entitled to know more and the
public advocate is entitled to know more about exactly what went
on in that grand jury proceeding. And we intend to try to get
that material," said Matthew Brinckerhoff, the lawyer
representing the Public Advocate's office, told reporters outside
the court.

Judge Garnett told the court that Staten Island District Attorney
Daniel Donovan opposes the release of the transcripts, but the
judge said he will go by the New York State Constitution and law
when he makes his decision.

"At least we'll have some transparency," Gwen Carr,
Garner's mother, said after attending the hearing.

A previous judge initially sealed the application for the
transcripts’ release, over objections by the NYCLU and Public
Advocate Letitia James. The NYCLU took steps to challenge the
constitutionality of the sealing order, and a Brooklyn appeals
court overturned the seal request.

A hearing was originally scheduled for Dec. 19, but was postponed
after then-presiding Justice Stephen Rooney stepped aside from
the case, according to Bloomberg News, citing his wife's position
as chairman of Richmond University Medical Center, which employed
the medics that responded to the Garner arrest.

The NYCLU's
application specifically requests that any personally
identifiable information about the jurors, witnesses and
employees of the office of the State Island District Attorney be
redacted.

"Some matters that might legitimately be kept secret but the
lion share of what went on in that grand jury room needs to be
made public both in terms of what happened to the Eric Garner
case and what is our future policy with regard to grand juries.
Should they continue to exist? Should they continue to function
in secret? Should they be open?" New York Civil Liberties
Union Executive Director Donna Lieberman told reporters.